Due to heavy caseloads, initial Social Security Disability (“SSD”) decisions in the New York metropolitan area usually take longer than most other places. I represent a 53 year old former truck driver for DHL whose SSD application was approved today just three months after it was filed. The rapid approval shows that it must have been obvious to the State agency, which makes the initial SSD decision, that the claimant was clearly disabled.
Despite the fact that the claimant obviously had a strong SSD claim, the State agency had sent him a letter stating that it was “necessary” that he have a consultative examination (“CE”)with IMA Disability Services. The claimant was led to believe that his SSD application would be denied if he chose not to attend the CE, even though the Social Security regulations only provide for limited circumstances when a CE is appropriate.
The fact that the claimant’s SSD application was approved in only three months contradicts the State agency’s assertion that it was “necessary” for the claimant to have a CE with IMA. Before attending a CE you should make sure that the State agency’s request complies with the Social Security regulations that govern CEs.